Ala. Pattern Jury Instr. (Criminal) 13A-6-243_B

Directing Child to Engage in Sexual Contact

The defendant is charged with directing a child to engage in sexual contact.

A person commits the crime of directing a person to engage in sexual

contact if he/she knowingly entices, allures, persuades, induces, or directs any

person under the age of 12 years to engage in sexual contact with another person.

To convict, the State must prove beyond a reasonable doubt each of the

following elements:

(1) The defendant enticed, allured, persuaded, induced or directed a

person, [insert name or description of person], to engage in sexual

contact with another person;

(2) [Insert name or description of person] was under the age of 12 years;

(AND)

(3) The defendant did so knowingly.

Sexual Contact is any touching of the sexual or other intimate parts of a

person done for the purpose of gratifying the sexual desire of either party. The term

does not require skin to skin contact. [13A-6-60(3)]

A person acts knowingly with respect to conduct or to a circumstance when

he/she is aware that his/her conduct is of that nature or that the circumstance

exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the above elements of directing a child to engage in sexual contact,

then you shall find the defendant guilty of directing a child to engage in sexual

contact.

If you find that the State has failed to prove any or more of the elements of

the offense of directing a child to engage in sexual contact you cannot find the

defendant guilty of directing a child to engage in sexual contact.

[if lesser-included offenses are included, the Court should instruct on

those offenses at this point.]